A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On October 1, 2017, the Defendant was running as if he were a patent attorney at the Da Office of the Victim C’s Total D’s Office located in Gwangju-gu, Gwangju-gu, and the Defendant would enable the victim to register his patent within six months by using the preferential examination system of the Korean Intellectual Property Office. On the other hand, in order to reduce the examination period, expenses are needed. The Defendant stated that there is a word for the Korean Intellectual Property Office, and that it is necessary to urgently perform expenses.

However, the defendant was not a patent attorney, and there was no intention or ability to complete the patent registration within six months by using the preferential examination system.

Nevertheless, the Defendant, by deceiving the victim as above, received 7 million won from the victim as the patent application and registration fee on October 25, 2017, and acquired it by deceiving the victim.

2. No person who violates the Patent Attorney Act shall engage in the business of appraising the matters and conducting other affairs related to the patent, utility model, design or trademark to the Korean Intellectual Property Office or courts without representing the matters related to the patent, utility model, design or trademark;

Even if the Defendant is not a patent attorney, he received KRW 7 million from C while operating the “F” in Gwangju Dong-gu, Gwangju, and applied for a patent as to the “H” on behalf of C to the Korean Intellectual Property Office on behalf of C.

Summary of Evidence

1. Defendant’s legal statement (as to the violation of the Patent Attorney Act)

1. The defendant's partial statement (as to fraud)

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each legal statement of the witness C and I;

1. Statement of the police statement regarding C;

1. A complaint;

1. Details of sending each e-mail, a research and development consulting contract, a detailed inquiry by case of the results of the transfer management, a statement, a certificate of application, and a certificate of payment;

1. An investigation report (Submission of basic data in specifications C by a complainant), an investigation report (Submission of a certificate of payment of a request for preferential examination by a complainant C), and